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Janus decision extends First Amendment 'right of silence'

  • Written by Robert A. Sedler, Distinguished Professor of Law, Wayne State University
Janus decision extends First Amendment 'right of silence'Plaintiff Mark Janus, right, leaves the the Supreme Court WednesdayAP Photo/Andrew Harnik

Forty years ago, the U.S. Supreme Court ruled that a state could require nonmembers of a public employee union to pay an “agency fee,” otherwise known as costs of collective bargaining, for their representation by the union.

The union could not use...

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